5101:12-57-01.1
Enforcement of order to report private health insurance.

(A)
The provisions of this rule only apply to
child support orders issued or modified in accordance with section
3119.30 of the Revised Code as
adopted under Amended Substitute House Bill 119 of the 127th General
Assembly.

(B)
A child support order
issued or modified pursuant to division (B)(4) of section
3119.30 of the Revised Code
requires both parties to the child support order to report available private
health insurance coverage to the child support enforcement agency (CSEA).

(1)
When a CSEA becomes aware that private
health insurance coverage for the child may be available to a party and a
health insurance obligor has not been established under the child support
order, the CSEA shall conduct an investigation to determine whether private
health insurance coverage for the child that is reasonable in cost is
available.

The CSEA shall use line 7b of the child support computation
worksheet from the most recent child support order to determine reasonable
cost.

(2)
When the CSEA
determines that private health insurance coverage for the child that is
reasonable in cost is not available, the CSEA shall issue the JFS 04032,
"Notice to Provide Cash Medical Support" ( effective or revised
effective date as identified in rule
5101:12-57-99 of the
Administrative Code), to both parties, notifying the parties of the
determination and that:

(a)
The cash medical
support obligation and the child support obligation when health insurance is
not available shall continue; and

(b)
Both parties have a right to request a
medical support mistake of fact hearing regarding whether private health
insurance coverage for the child that is accessible and reasonable in cost is
available to either party.

(3)
When the CSEA determines that private
health insurance coverage for the child that is reasonable in cost is
available, the CSEA shall:

(a)
Issue the JFS
04033, "Notice to Provide Private Health Insurance" ( effective or revised
effective date as identified in rule
5101:12-57-99 of the
Administrative Code), to both parties, notifying the parties that:

(i)
The party to whom the coverage is
available is now the health insurance obligor and is ordered to provide the
private health insurance coverage for the child;

(ii)
The current cash medical support
obligation shall cease in accordance with rule 5101:12-47-01.2 of the Administrative Code and the current child support obligation shall be the amount ordered to be paid when health insurance is available; and

(iii)
Both parties have a right to request a
medical support mistake of fact hearing regarding whether private health
insurance coverage for the child that is accessible and reasonable in cost is
available to the health insurance obligor.

(b)
Issue a copy of the JFS 04033
to the court when the child support order
is a court order;

(c)
Issue any
modified income withholding or deduction notices necessary when the cash
medical support stops; and

(d)
Enforce the medical support provision to provide the private health insurance
in accordance with rules
5101:12-57-10 to
5101:12-57- 10.6 of the Administrative Code.

(C)
A child support order issued or modified
pursuant to division (B)(1), (B)(2), or (B)(3) of section
3119.30 of the Revised Code
requires the health insurance obligor(s) to provide private health insurance
that is reasonable in cost and both parties to report available coverage to the
CSEA when the coverage is not being provided by the health insurance obligor(s)
in accordance with the order.

(1)
When a CSEA
becomes aware that private health insurance coverage for the child is available
to one of the parties and cash medical support is to be paid because coverage
is not currently being provided by the health insurance obligor(s) in
accordance with the order, the CSEA shall conduct an investigation.

During the investigation, the CSEA shall determine whether
private health insurance coverage for the child is available to the party. The
CSEA is not required to determine whether the private health insurance coverage
is reasonable in cost.

(2)
When the CSEA determines that private health insurance coverage for the child
is available to the health insurance obligor, the CSEA shall:

( effective or revised effective date as identified in rule
5101:12-57-99 of the
Administrative Code), to both parties, notifying the parties that:

(i)
The health insurance obligor is ordered
to provide the private health insurance coverage for the child;

(ii)
The current cash medical support
obligation shall cease in accordance with rule 5101:12-47-01.2 of the Administrative Code and the current child support obligation shall be the amount ordered to be paid when health insurance is available; and

(iii)
Both parties have a right to a request
a medical support mistake of fact hearing regarding whether private health
insurance coverage for the child that is accessible and reasonable in cost is
available to the health insurance obligor(s);

(b)
Issue any modified income withholding
notices necessary when the cash medical support order stops; and

(c)
Enforce the medical support provision to
provide the private health insurance in accordance with rules
5101:12-57-10 to
5101:12-57- 10.6 of the Administrative Code.

(3)
When the CSEA determines that private
health insurance coverage for the child is being provided by the other party,
the CSEA shall document the coverage in the case record.

(4)
When the CSEA determines that private
health insurance coverage for the child is not available to either party, the
CSEA shall document the findings in the case record and is not required to take
any further action.